Charcha, P.S. Charcha District Koriya Chhattisgarh v. State of Chhattisgarh Through Station House Of
Case Details
ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.01.06 18:37:53 +0530 1 2025:CGHC:383 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7960 of 2024 Md. Istekhar Khan S/o Jumman Khan Aged About 32 Years R/o Village Charcha, P.S. Charcha District Koriya Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. Charcha, District Koriya Chhattisgarh. ... Non-applicant For Applicant
Legal Reasoning
: Ms. Chetna Sharma, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/01/2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 240/2024 registered at Police Station- Charcha, District- Koriya (C.G.), for the offence punishable under Sections 420, 120B, 467 and 468 of IPC. 2. Case of the prosecution, in brief, is that, on 22.10.2024, the complainant namely Teju Ram lodged an FIR against the applicant before the concerned police station, stating therein that the present 2 applicant has taken Rs. 4,50,000/- from the complainant on the pretext of providing job on the post of peon. Therefore, the FIR was lodged against the applicant for the aforesaid offences. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. She further submits that the actual fact is that in the year 2020, one Narendra Bharat resident of Natural Colony Bilaspur came to Baikunthpur and meet with the applicant and told that his brother is a Tehsildar in Mungeli and he has lot of influence, many posts of clerk and Peon are vacant in Raipur Revenue Department, he further told that the applicant can get job by getting interview done directly through his Tehsildar Brother namely Rajendra Bharat which will cost Rs. 3 lakhs for one post of clerk and Rs. 1.8 lakhs for the post of peon if someone needs job then inform him soon, saying this he gave his and his Tehsildar Brother's phone number and address. The applicant in the greed of getting job prepared himself, his brother and 13 other people for the post of clerk (Babu) and Peon and talked to Rajendra Bharat on phone call he said that everyone will get job, all of them have to do as his brother Narendra Bharat says and whatever amount he is asking just pay him but do not disclose my name to anyone. Then the applicant in the multiple occasion as per the instruction deposited total 34 lakh and 20 thousand Rs. in the State Bank account of Narendra Bharat bearing a/c No. 20152919555 through cash and some were R.T.G.S. When applicant and other 14 person did not get the job, they all demanded for refund of their money on which Narendra Bharat 3 gave 7 blank cheques signed by him to the applicant out of which 2 cheques are still remaining with the applicant and rest of them were distributed to the person from whom money was taken. Being defrauded by Narendra Bharat and his brother Rajendra Bharat the applicant made a written complaint on 07.03.2024 before the Superintendent of Police Distt-Koriya C.O. against the Narendra Bharat and his brother Rajendra Bharat however no action was taken by the authority instead applicant had been called multiple time to the police station but No FIR got registered. She further submits that the authority did not take any action against the complaint made by applicant therefore, the applicant moved an application under Section 156 (3) of Cr.P.C. before the JMFC, Baikunthpupr, Distt Koriya (C.G.) on 22.10.2024. The learned trial Court taking the application into consideration and directed the concerning police authority to make investigation and submit the report. Surprisingly, on the same day, on a complaint of Teju Ram, FIR was registered relating to the same offence against the applicant instead of complying the order of the learned trial Court to investigate and register the crime against main culprits i.e. the Narendra Bharat and Rajendra Bharat. On 28.10.2024 Police Station In-charge submitted a letter before CJM Baikunthpur mentioning that Crime No. 240/2024 has been registered against the applicant and requested for inclusion of the complaint made by applicant under Section 156(3) whereby the learned trial Court’s order to investigate further in the offence by including the complaint made by applicant. Therefore, from perusal of the above facts, it is 4 clear that the applicant is victim not an accused but in the bid to secure the real culprits on their behest applicant has been made an accused. The applicant has already made a written complaint before the police authority and also filed an application for the offence of cheating and forgery amounting Rs. 34 lakhs which has been actually done by Narendra Bharat and Rajendra Bharat. The alleged amount was never kept by the applicant and it was always been deposited to the State Back account of Narendra Bharat. The applicant is one of the victims of defraud as he has also got trapped in the conspiracy played by these two brothers namely Narendra Bharat and Rajendra Bharat. The police authorities are trying their level best to protect the main culprits namely Narendra Bharat and Rajendra Bharat. Rajendra Bharat being Tahsildar having undue influence over the police authority still roaming freely and no FIR against him moreover his brother is also getting the privilege of power that even after registration of FIR against him but yet not been arrested and the applicant is in jail since 23.11.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and and submits that the applicant along with co-accused have cheated the complainant and obtained Rs. 4,50,000/- from the complainant on the pretext of providing Job as such, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused 5 the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary and also considering the fact that the applicant along with co-accused have cheated the complainant and obtained Rs. 4,50,000/- from the complainant on the pretext of providing Job however, from perusal of the case diary, it appears that the applicant is the victim, not the accused, but in an attempt to shield the real culprits, the applicant has been falsely implicated. The applicant had previously filed a written complaint before the police authorities and also filed an application for cheating and forgery amounting to Rs. 34 lakhs, which was actually committed by Narendra Bharat and Rajendra Bharat. The alleged amount was never in the applicant's possession, as it was always deposited into Narendra Bharat's State Bank account and the applicant is, in fact, one of the victims of the fraud, having fallen prey to the conspiracy orchestrated by the two brothers, Narendra Bharat and Rajendra Bharat and in the present case, charge-sheet has been filed before the competent Court and the applicant is in jail since 23.11.2024. thus, this Court is of the view that the applicant is entitled to be released on bail. 7. Let the applicant – Md. Istekhar Khan, involved in Crime No. 240/2024 registered at Police Station- Charcha, District- Koriya (C.G.), for the offence punishable under Sections 420, 120B, 467 and 468 of IPC, be released on bail on his furnishing a personal bond with two sureties, in the like sum to the satisfaction of the 6 Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the 7 trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dirurt fo forthwith. - Ashish/Kunal S/- Sd/-/- (Ramesh Sinha) Chief Justice